Additional Formats

Affected Code

Senate File 35 - IntroducedA Bill ForAn Act 1relating to the counting of absentee ballots and 2including applicability provisions.3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:1 Section 1. Section 53.17, subsection 1, paragraph b, Code 22019, is amended to read as follows:3b. The sealed return envelope may be mailed to the 4commissioner by the registered voter or by the voter’s 5designee. If mailed by the voter’s designee, the envelope must 6be mailed within seventy-two hours of retrieving it from the 7voter or within time to be postmarked or, if applicable, to 8have the intelligent mail barcode or other means of tracking9 traced to a date of entry into the federal mail system not 10later than the day before the election, whichever is earlier.11 Sec. 2. Section 53.17, subsection 2, Code 2019, is amended 12to read as follows:132. In order for the ballot to be counted, the return 14envelope must be received in the commissioner’s office before 15the polls close on election day or be clearly postmarked by an 16officially authorized postal service or bear an intelligent 17maila barcode or other means of tracking traceable to a date 18of entry into the federal mail system not later than the day 19before the election and received by the commissioner not later 20than noon on the Monday following the election.21 Sec. 3. Section 53.17, subsection 4, paragraph f, Code 2019, 22is amended to read as follows:23f. A statement that the completed absentee ballot will 24be delivered to the commissioner’s office within seventy-two 25hours of retrieving it from the voter or before the closing of 26the polls on election day, whichever is earlier, or that the 27completed absentee ballot will be mailed to the commissioner 28within seventy-two hours of retrieving it from the voter or 29within time to be postmarked or, if applicable, to have the 30intelligent mail barcode or other means of tracking traced to a 31date of entry into the federal mail system not later than the 32day before the election, whichever is earlier.33 Sec. 4. Section 53.22, subsection 6, paragraph b, Code 2019, 34is amended to read as follows:35b. Absentee ballots voted under this subsection shall be -1-1delivered to the commissioner no later than the time the polls 2are closed on election day. If the ballot is returned by mail 3the return envelope must be received by the time the polls 4close, or be clearly postmarked by an officially authorized 5postal service or bear an intelligent maila barcode or other 6means of tracking traceable to a date of entry into the federal 7mail system not later than the day before the election and 8received by the commissioner no later than the time established 9for the canvass by the board of supervisors for that election.10 Sec. 5. APPLICABILITY. This Act applies to all elections 11taking place on or after July 1, 2019.12EXPLANATION13The inclusion of this explanation does not constitute agreement with14the explanation’s substance by the members of the general assembly.15This bill relates to the counting of absentee ballots. 16The bill requires county commissioners of elections to count 17all mailed absentee ballots received by noon on the Monday 18following election day that include a barcode or other means of 19tracking that confirms that the ballot was mailed by the day 20before election day. The bill applies to all elections taking 21place on or after July 1, 2019.-2-ss/jh

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